...Dog bite law in the United States varies dependent on location and in addition to the common law an attorney must consider both state legislation and also the local law applicable to the town or city. State Legislation Some states still retain the old dog bite law whereby a pet owner will not be held liable in the civil courts to pay compensation unless the animal has shown previous aggressive tendencies. Most states do however make the owner liable for the consequences of all incidents of aggression and compensation for trauma is payable in these cases even if there has been no previous attack or show of aggression. Dog bite law in every state confers liability if the pet owner was negligent or maintained custody or control with knowledge...
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... PRESIDING JUSTICE. Betty Messa brought this action against James Sullivan, Helen Sullivan and the Keyman's Club, an Illinois not for profit corporation, to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill.Rev.Stat.l963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that the amount of the damage award is not supported by the evidence. The plaintiff suffered her injuries in the Keyman's Club building, 4721 West Madison Street in the City of Chicago. Located on the lower level and...
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...plaintiff’s failure to avoid harm caused by the defendant’s conduct (for example, a pedestrian steps onto the street without looking and is hit by a speeding car). The position is that when contributory negligence is present, responsibility for the injury will be apportioned between the plaintiff and defendant, according to their respective degrees of responsibility. The Civil Liability Act 2002 (NSW) now allows a court to reduce a plaintiff’s damages by 100%. Voluntary assumption of the risk of harm The plaintiff consents to or voluntarily assumes the risk of injury. It is a complete defence and, if successfully pleaded, the plaintiff will not be able to recover anything. This means that the plaintiff agrees to assume the risk of the harm personally, which absolves the defendant from responsibility for it. For example a person who participates in a rugby match cannot complain if he suffers an injury when an opponent accidentally kicks him in the...
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...Chapter 8—Negligence and Strict Liability TRUE/FALSE 1. A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence. ANS: T MSC: AACSB Analytic 2. In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps. ANS: T MSC: AACSB Analytic 3. A "reasonable person standard" does not apply to children since they do not have the judgment, intelligence, knowledge, or experience of adults. ANS: F MSC: AACSB Analytic 4. A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident. ANS: F MSC: AACSB Analytic 5. The standard of conduct which serves as the basis for the law of negligence is usually determined on a cost-benefit or risk-benefit analysis. ANS: T MSC: AACSB Analytic 6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent. ANS: T MSC: AACSB Analytic 7. The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property. ANS: T MSC: AACSB Analytic 8. Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would...
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...Torts Outline- Brill Fall 2001 Overview: *What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy. *Purposes of Tort law: Deter wrongful Encourage socially responsible behavior Restore injured parties to their original condition Peaceful means Intentional Torts I. Intent a. Definition—(1) voluntary acts for the purpose of causing [the essential element of the tort] OR (2) voluntary acts with knowledge to a substantial certainty that [the essential element of the tort] will result. i. For battery, the defendant must have acted with the intent to cause a harmful or offensive touching to plaintiff or some logical extension of plaintiff's person. ii. For assault, the defendant must have intended to cause the plaintiff a reasonable belief that plaintiff was about to immediately suffer a battery. iii. For false imprisonment, the defendant must have intended to confine the plaintiff within some boundaries, from which plaintiff could not reasonably escape. iv. For trespass, defendant intentionally crossed the boundaries of plaintiff's land. v. For trespass to chattels and conversion, the intent factor was identical; the two torts overlap. Thus, for both of these torts, the defendant had to intend to assert dominion or control over plaintiff's chattel. The completed tort would be trespass to chattels if the exercise of dominion or control resulted in harm to the chattel or if it caused the interference with plaintiff's...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...I. INTRODUCTION: TYPES OF NEGOTIABLE INSTRUMENTS Money: UCC defines money to mean a “medium of exchange currently authorized or adopted by a domestic or foreign government” 1-201(24). * * The Functions of Money (1) Medium of Exchange Cures two problems with bartering: Double coincidence of wants, e.g. you have a horse you want to trade, and you want a cow—now you need someone who has a cow, and wants a horse. Depreciable commodities (2) Store of Value Money may be used as a store of value. Not all stores of value are money. (3) Unit of Account Unit in which prices are stated and accounts maintained. (4) Statement of Deferred Payment Measure of what must be paid in long-term transactions like loans and annuities. What is Payment Systems? Concerned with the law governing the payment component of commercial transactions. This is the law applicable not to money itself, but to the various substitutes for money. Payments law is not derived from principles of “higher law.” Instead, it is instrumental—designed to facilitate commercial transactions. One way to view payment law is as creating a set of default rules. These rules are designed to establish what the parties would otherwise do for themselves, if they were able to bargain about what the rules would be. Presumably, people would like to reduce transaction costs. So how do we determine what the parties would have chosen? We engage in a “thought experiment” and imagine what kind of bargain parties...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...English-Russian Idioms Last updated: March 3, 2003 Please take a look at the important information about the copyright. Do not remove it. © 2000-2003 Natalya Belinsky All Rights Reserved This copy of the document was provided by the author for Educational Project FluentEnglish ( http://www.fluent-english.ru ) You have the royalty–free right to use this document as you wish. You are free to quote, copy, distribute or publish this document, but please DO NOT REMOVE this copyright information. No warranties of any kind are made to you as to this document or any medium it may be on. No liability is assumed by the author or Fluent English project for anything including but not limited to indirect, consequential, punitive or incidental damages; incomplete, inaccurate or corrupt data; transcription errors; a computer virus; computer codes that damage or cannot be read by your equipment. Please send your comments, corrections and contributions to the author: natalya.belinskaya@fluent-english.ru IDIOMS Natalya Belinsky 2 ИДИОМ Ы Наталья Белинская От составителя Думаю, любому человеку, сталкивавшемуся с необходимостью освоения иностранного языка в пределах, чуть превосходящий уровень школьной «тройки», приходилось иметь дело с выражениями, представляющими на первый взгляд полную абракадабру, хотя все слова вроде бы известны. Это кажущееся несоответствие значений слов смыслу фразы обуславливается, скорее всего, одной из двух причин: либо в данном выражении имеется какой-то...
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...First Aid/CPR/AED PARTICIPANT’S MANUAL American Red Cross First Aid/CPR/AED PARTICIPANT’S MANUAL This participant’s manual is part of the American Red Cross First Aid/CPR/AED program. By itself, it does not constitute complete and comprehensive training. Visit redcross.org to learn more about this program. The emergency care procedures outlined in this book reflect the standard of knowledge and accepted emergency practices in the United States at the time this book was published. It is the reader’s responsibility to stay informed of changes in emergency care procedures. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE AGREEING TO ACCESS AND DOWNLOAD THE AMERICAN RED CROSS MATERIALS. BY DOWNLOADING THE MATERIALS, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. The downloadable electronic materials, including all content, graphics, images and logos, are copyrighted by and the exclusive property of The American National Red Cross (“Red Cross”). Unless otherwise indicated in writing by the Red Cross, the Red Cross grants you (“recipient”) the limited right to download, print, photocopy and use the electronic materials, subject to the following restrictions: ■ The recipient is prohibited from selling electronic versions of the materials. ■ The recipient is prohibited from revising, altering, adapting or modifying the materials. ■ The recipient is prohibited from creating any derivative works incorporating, in part or in whole, the content of the materials...
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...TRUCT ACADEMY SUCCESS IN BUSINESS LAW FOR C.I.S, Z.I.M CERT., ZAAT, IAC, I.C.M M. MAVHUNGA LLB (S) (UZ) 3RD EDITION 2000 1 ACKNOWLEDGEMENTS` I would like to thank the Director of Trust Academy, Mr Mataka, The Principal, Mr Sauti and the Registrar Mr Kucherera whom without their support this study pack would not have been a success. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. Would also like to thank the Trust Academy Secretaries and Typists of this book, particularly, SHELTER MAVHUNGA, MISI MAKUZWA, AMANDA MANDA and JESCA KAMUNGA for their commitment to duty. Again their handwork in the production of this copy is highly appreciated. Anyone who directly contributed to the success of this module I say, God bless you. However none of the above will be accountable for any errors of omission or commission which might appear in this study pack. M. MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. Foreword Business Law is a very broad course and covers many aspects. It is a challenging course a proper approach is not advised to new students but an interesting and very simple course once one grasps the concepts. The objective of this module is to simplify Business Law to be understood by Ordinary Advanced Level students who may be taking any of the above courses. The field has...
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...Kelly | McGowen | Williams C en ga Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States ge Le ar ni ng BUSN BUSN BUSN 6, 6th Edition Kelly | McGowen | Williams © 2014 Cengage Learning. All rights reserved. Senior Project Development Manager: Linda deStefano Market Development Manager: Heather Kramer Senior Production/Manufacturing Manager: Donna M. Brown Production Editorial Manager: Kim Fry Sr. Rights Acquisition Account Manager: Todd Osborne en C Printed in the United States of America ga ge Le Compilation © 2013 Cengage Learning ISBN-13: 978-1-285-88034-1 ISBN-10: 1-285-88034-X Cengage Learning 5191 Natorp Boulevard Mason, Ohio 45040 USA ALL RIGHTS RESERVED. No part of this work covered by the copyright herein LL RIGHT th repro reprodu ted, s may be reproduced, transmitted, stored or used in any form or by any means electro graphic, electronic, or mechanical, including but not limited to photocopying, scann di recording, scanning, digitizing, taping, Web distribution, information networks, a or information storage and retrieval systems, except as permitted under o t Section 107 or 108 of the 1976 United States Copyright Act, without the prior writ written permission of the publisher. pro For product information and technology assistance, contact us at Cen Cengage Learning Customer & Sales Support, 1-800-354-9706 For permission to use material from this text or product, submit...
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...partners permitted Xerox Corporation ("Xerox") to manipulate its accounting practices and fill a $3 billion "gap" between actual operating results and results reported to the investing public from 1997 through 2000. The fraudulent scheme allowed Xerox to claim it met performance expectations of Wall Street analysts, to mislead investors and, consequently, to boost the company's stock price. The KPMG defendants were not the watch dogs on behalf of shareholders and the public that the securities laws and the rules of the auditing profession required them to be. Instead of putting a stop to Xerox's fraudulent conduct, the KPMG defendants themselves engaged in fraud by falsely representing to the public that they had applied professional auditing standards to their review of Xerox's accounting, that Xerox's financial reporting was consistent with Generally Accepted Accounting Principles ("GAAP") and that Xerox's reported results fairly represented the financial condition of the company. There was no watchdog at Xerox. KPMG's bark sounded no warning to investors; its bite was toothless.2. KPMG's foreign affiliates in Europe, Brazil, Canada and Japan, and even KPMG auditors at Xerox's U.S....
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...NCLEX-RN® DETAILED TEST PLAN 2010 NCLEX-RN Detailed Test Plan ® Effective | April 2010 Item Writer/Item Reviewer/Nurse Educator Version Mission Statement The National Council of State Boards of Nursing, composed of member boards, provides leadership to advance regulatory excellence for public protection. Purpose and Functions The purpose of the National Council of State Boards of Nursing (NCSBN ) is to provide an organization through which boards of nursing act and counsel together on matters of common interest and concern affecting the public health, safety and welfare, including the development of licensing examinations in nursing. ® The major functions of NCSBN include developing the NCLEX-RN and NCLEX-PN examinations, performing policy analysis and promoting uniformity in relationship to the regulation of nursing practice, disseminating data related to NCSBN’s purpose and serving as a forum for information exchange for NCSBN members. ® ® Copyright© 2010 National Council of State Boards of Nursing, Inc. (NCSBN) All rights reserved. NCSBN , NCLEX , NCLEX-RN and NCLEX-PN are registered trademarks of NCSBN and this document may not be used, reproduced or disseminated to any third party without written permission from NCSBN. ® ® ® ® Permission is granted to boards of nursing to use or reproduce all or parts of this document for licensure related purposes only. Nonprofit education programs have permission to use or reproduce all or parts of this document...
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...Reserve Fund Mesopotamia Luca Pacioli Provident Fund Depreciati Income & Expenditure Credit TM AccountAble Handbook Budget & Balance Report vFkZ'kkL= Corpus Voucher NGO Fixed Assets Register Grants Accounting Standards Narration Receipts and Revenue Stamps Benedetto Cotrugli Ledgers Regulation Cash Box Revolving Funds Accounting Multiple Cash Books Trial Balance Auditors Computerized Accounts Deficit Endowments Investments Journal Honorarium Form IIIA Bank Reconciliation Account Payee, Not Negotiable ction 10(23C)(iv) Blank Cheque Tax Exemption vkpk;Z dkSfVY; Key Persons ACCOUNTABILITY Contribution in Kind INCOME Transparency Public Disclosure Auditors’ Certificate Debit Stock Register Receipts & Payments Societies Registration Act, 1860 Public Trust TM AccountAid India Section 25 Non-profit Company Section 80G New Delhi Donation Ear-marked Funds Salary Register izfrxzkgdSÜpk;a Gratuity Conflict of Interest About this book (front inside cover) The AccountAble Handbook is a compilation of the individual issues of ‘AccountAble’, released by AccountAid India since 1994. These issues have been designed and circulated on a monthly basis primarily for the partners of our client Agencies. ‘AccountAble’ is circulated to about 1,200 persons, including Chartered Accountants. It is also available through e-mail, on a complimentary basis. The present compilation brings all issues of AccountAble...
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